Judge affirms lewd conduct sentence

SANDPOINT — A district judge is affirming the sentence imposed in the case of an Oldtown man who pleaded guilty to molesting a 6-year-old boy in 2003.

Walter Eugene Moore was ordered to serve 13 years to life in prison after pleading guilty to lewd and lascivious conduct with a minor.

Moore was originally handed a sentence of 15-to-life when he sentenced in 2003, but won a new sentencing hearing after it was determined Moore was not advised of his constitution right to remain silent when he was interviewed for a presentence report and other evaluations.

First District Judge John Patrick Luster re-sentenced Moore to 13-to-life in April, calling the defendant’s conduct “heinous” and forecasting that the impacts to the victim would undoubtedly surpass the duration of the custodial sentence.

Moore, 49, subsequently filed a motion to modify the sentence so he could gain earlier entry into sexual offender treatment programs. He requested a fixed term of 10 years with the possibility of an additional 10 years.

“I am not saying I should be let go. I do deserve to spending time in prison for my actions,” Moore said in an affidavit.

Moore also expressed fear in court documents that he would die in prison before completing the fixed, 13-year portion of the sentence.

Chief Deputy Prosecutor Phil Robinson objected on Monday to a downward modification of the sentence, noting that Moore already had the benefit of a re-sentencing which shaved two years from the original sentence.

Moore, who participated in the hearing via telephone from the Idaho Correctional Center in Kuna, has played up the progress he’s made since being imprisoned and the remorse he’s exhibited.

However, Moore sought post-conviction relief through an criminal court rule which enables judges to correct an illegal or improperly imposed sentence.

“The sentence is not illegal,” Robinson argued during the hearing.

Luster agreed and pointed out that the progress Moore has made in prison has no bearing on the question of the sentence’s legality.

Moore is eligible for parole in 2016, according to the Idaho Department of Correction.